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Search Results 0 to 49 of about 489 (some duplicates have been removed)
relates to the duties of office because the sheriff is the top law enforcement officer and also responsible for handling domestic violence programs within the county. now the commission believed -- the majority believed that while there was some room for debate as to whether this conduct or decency clause is limited by the relations to the duties clause, they found that it didn't matter. ultimately whether or not the decency clause is related to the duties of office in this case official misconduct had been shown. now, i've looked at this charter provision quite a bit so when i say things like conduct, clause, and decency clause, they mean something. perhaps -- not sure how much you all have looked at it. so i am going to borrow a definition that the parties ultimately agreed to, and this is a handout actually that i believe the mayor may have created. so this is the language of 15105e, but broken down in a way to identify theirs clauses within that section. it reads, official misconduct means any wrongful behavior by a public officer in relation to the duties of his or her offi
dissolution law, all of the payees associated with those contracts must be painfully lifted out, line item by line item, with source of funding on a schedule. that schedule is approved by the oversight board, the state department of finance every month. this test import -- jason indicated -- our surviving major redevelopment projects, equivalent to 20 billion, candlestick phase 1, and 2, mission bay, state -- transit center, all part of one redevelopment plan and other true wind-down activities honoring our commitment throughout the city whether in the third street bayview corridor, like a bankruptcy, wind down pay off the debt so the tax increment in the series is available for distribution to the taxing entities, city, county, bart, schools. free up the taxes generated for distribution to the other entities. in the case of san francisco we do have a lot at stake. a number of these area plans which the commission approved the board approved as i indicated, made or approved, hunters point, mission bay, trans bay, another obligations that need to be implemented, they are
consumption on the premise. so the san francisco law is very clear. there is no smoking indoors or outdoors for any type of establishment that serves food or beverages. and mr. ahmed the choice to violate the health code by allowing his patrons to smoke indoors even after our meeting, even after i denied the exemption application, and even the follow-up phone calls that we had in 2010. i also sent a notice to comply. that was in 2011. and then there were two notices of violations that were issued in february and may of this year. so because of the continued repeat violation, the department ordered a cease and desist of smoking inside of the cafe, also insisted the complete removal of all smoking products and smoking devices, and a 30 day suspension for the tobacco permit. now my last meeting with mr. ahmed was june 19, 2012 and he showed me his new product that he wanted to convert to, which is these rocks soaknd jis rin and the glycerin is infused with flavors. i went last night and wanted -- to observe the operations. so it was the same huka pipes being used, the smoking devic
there is an entire body of case law to look to for guidance that has weighed many kinds of different kinds of misconduct against the professional standards and responsibilities with the person who committed it, and determined the situations where there is a relationship and there isn't a relationship. and, frankly, if you think about the facts of this case, it's not a hard call. does committing a crime of violence against your wife and pleading guilty to it, and suffering a three-year criminal conviction relate to the subject matter of a chief law enforcement officer, who runs the jails and helps administer the correctional system in san francisco? yes. yes. upon that is not an unpredictable, vague, surprised relationship. yes, there's a clear subject matter relationship. most cases will be clear. there will be cases on the boundaries where, you know, the decision-makers are going to have to exercise judgment. but there's a three -- there's a tripar tight system with checks and balances to make sure that the decision is considered, and there is also court review after that, in case the --
the standard of conduct is for a chief law enforcement officer. so although the language of the charter seems broad, it -- i mean there's certainly a good argument that it is a single standard. at the same time, it needs to be interpreted -- and is susceptible to being interpreted as a standard that his office-dependent. and again that would require a fact-specific inquiry. you can't decide in advance, without knowing what has happened in a particular case, whether it's misconduct or not misconduct. it depends on the office. >> president chiu: colleagues, follow-up questions. supervisor farrell. >> supervisor farrell: thanks, president chiu. madam city attorney, to follow up on that line of questioning though, on one hand you say it should be easy to determine what is misconduct or not. on the other hand you say it's fact specific. i think commissioner hur's comments does that not invite subjectivity and gets us back to what the question is here, about clear delineation and having security and not the future abuse this potentially in the future, not to say anybody in this room or the current
, we strengthened the law, through a local ordinance. so this is not really anything new. this has been on the books for quite some time. the other thing i wanted to add is that even if there were no tobacco product being used in the hukas -- and i do believe that having the tobacco products there, open in a container, it would seem that it would be very likely that the customers would put the huka tobacco product on the hot stones if there are huka pipes present. that this is sort of similar to the phenomenon of electronic cigarettes, which now were recently banned by the airport commission and they're banned on airplanes. and this is even though there's no tobacco that is used in electronic cigarettes, the problem is that it gives the public the impression that smoking is permitted in areas where it's not permitted, and it also gives the impression to the public that there's no consequence to smoking in areas where smoking is not permitted. tobacco is still the number one cause of preventable deaths in the united states, and the two major factors that have reduced smoking in san franc
a quick summary of the laws. the ada, calif. building code, the civil rights, and our experts here will elaborate. we also have a list of certified caps at work in san francisco for you. carla johnson with the mayor's office of disability has created a really good it died of out to interview your experts to make sure you are getting the best quality product for you. been next -- the money you pay for the inspection you can take as a tax deduction. any money that if you have taken can be applied as a tax deduction. this can be done on an annual basis. next, the opportunity, and a fund -- opportunity loan fund, providing for small businesses to pay for the inspection or to make improvements needed. to do it before you receive the lawsuit. and lastly, we of the bar association and their resources. they're providing their legal service for you. this last thing i am going to share with you in terms of what we have seen in our office is that with the individuals, that does not necessarily mean an individual will follow up with a lawsuit. what we've seen in our office is the individual's
misdemeanor conviction relates to the duties of the sheriff as a law enforcement officer. >> supervisor kim: so then you're adding to the test then the second portion of your test would be a relationship test, plus the ethics commission would have to determine that it falls below the standard of decency for that office. >in relationship to the sheriff's office, but if we were to assume that it is standards in relationship to your specific office, for the sheriff, it would be the relationship to his office, plus the -- what common sense would judge as falling before the standard of decency? this is where i get stuck is when does it fall below the standard of decency? a dui could be -- as a misdemeanor. you didn't hurt anyone per se, but you could have. you could have killed someone on the road, right? so i guess that's where i would like more clarity. when does it fall below the standard of decency for the sheriff, if we were to argue that there are standards? >> well, the mayor submitted the testimony of an expert, this person was the chief -- is william -- the chief of police of the san di
processes and not/cbuu)áu or contort the law that we think best serveswj!or everyone. i will not be voting today to sustain the/ >> president chiu: supervisor:k wiener. >> supervisor wiener: thank you, ú?7t% %9q. >> president chiu: order please. : supervisor wiener. >> supervisor wiener: thank you. this whole process i know has been incredibly%0b= hard for other than --c4í,÷ everyone involved especially being asked to judge a former colleague.4 and i am going to speculate that i don't think any of the 11 of us are goingwxas' to walk out of this room tonight feeling great, no matter what happens, no matter how weóçuon vote. this case has been incredibly messy on many, many levels. andp6f-7ñ will say that you know, in the community, thereÁare people whom i know, and who i respect, who feel very, very strongl$)i on both sides of this issue. and i think that reflects how difficulty this is. tonight, i will be voting to sustain the charges of misconduct in agreement with recommendation of the ethics co
put --2eúÑ the public puts in public officials and the city law, and city law enforcement. we need toíy and balances in city government and how we're upholding the will of the voters. i think it goes without saying that no one here condones any form of domestp whether it is physical verbal or psychological abuse and all could havet )ñ been in play tonight. i'm proud as a city we have8ep )tátdomestic violence and what we can domestic violence in the future. ash£&ic officials we are expected to be models of good behavior and lawful behaviory,çgx while everyone knows none of us are perfect. there was reasonable expectation of greateroqt&3 scrutiny of public officials in our private practices. but this vote is not about affirming thatÑh$ what -- is not about affirming that we abhor all forms of domestic violence or;@6u )jt moral standards for elected officials. what we are here to decide is whether or not sheriff is guilty of official misconduct and thus8qoñ removal from offers. while the agents -- the commission > jf÷ñ 4-
son and daughter-in-law are expecting a boy in march; my granddaughter will have a little brother. finally more importantly, i did meet with project sponsor a couple of weeks ago in regards to 2830 toledo, i did have a chance to look at the plans and i'm happy to work with the dr requester and project sponsor to forge a compromise that will make it something that the commission can evaluate and find compromise. this will come back in november. i think there's a lot of potential there. >> congratulations. another line of antoninis in san francisco. commissioner woo. >> i want to announce that this saturday is affordable housing day in san francisco. there will be a number of tours. affordable, seniors, partnership between aia and the number of affordable housing developers.anyone that wants to stop by feel free. >> we can move onto directors reports. directors announcements and review of the board of supervisors, board of appeals in historic preservation commission. >> good afternoon. a couple of quick announcements. it was sent electronically, mm on the current status of
standards that are expected of a chief law enforcement officer. now, commissioner hur mentioned that the chief testified that any misdeed at all would be official misconduct, if committed by a sheriff. i don't think that's entirely accurate. i think what the chief testified to is that -- is that the sheriff is expected, under the professional and ethical standards associated with his particular office, to avoid most forms of dishonesty, that behavior -- accountability, being a poor role model. there are many kinds of wrongful behavior that don't rise to the level of criminals that are wrongful for a sheriff. but at the end of the day, i don't think -- i think you're posing the more difficult question than the relationship test. your question is when is the -- when is the misconduct severe enough that we should consider it official misconduct. and that isn't a function of the relationship test. conduct may relate to the duties of office without being so severe that it should rise to the level of official misconduct. i think that that -- the charter does not offer you an answer to
identifying ways our ethic laws could be strengthened. as supervisors, what if anything would you propose to strength the city's ethics laws. i will start with mr. davis. >> strong ethic laws are essential. what is happening with our sunshine task force and hope davis can speak to this since she recently served on the task force. these need to be strengthened and one problem we have is around enforcement. i would like to see more of the ethical violations of larger committees, some of which are operating, for instance, in some shady areas of law. one was the run he ed run, the committee for mayor ed lee last year and the campaigns that aren't swaying the politics of city, the way the run ed run campaign did. so i think that is one the issues and improving our good government and ethic laws in san francisco. >> miss breed, would you like to address the question? do you want me to repeat it? >> yes. >> sure. a recent chief civil grand jury report, at the request of supervisor campos the city conducted a comparison of laws identifying ways our ethic laws could be strengthened. as su
that some future mayor will be -- not by the rule of law but the temptation to remove a political adversary. removing an elected while not in office iscq.c4 not justice. if any case cry out for a bright line rule, for a clear and unambiguous application for the law to the fact it is this case. i will turn it over to shepherd kopp. thank you. >> president chiu: will remind members of the public, the first rule of this chamber is for members of the public not to express either applause or other statements. thank you. mr. kopp. >> thank you. good afternoon, members of the board, president. i'm shepherd kopp and along with mr. wagner i've been representing sheriff ross mirkarimi during these proargs. i want to discuss why we strongly believe that we don't need to draw from other jurisdictions as the mayor has, in order to arrive at a definition of official misconduct, that works in san francisco, and that is workable. and that has been tested. and the reason that we have come back time and again to the case involving commissioner mazzola is because, in that case, we saw board of supervisors sit
. legislation that we have before us strengthens an existing law, to restrict this practice known as hotel evasion. in 1981 the passage of the apartment conversion ordinance, which is second, 41-a of the administrative code made it illegal for residential propertis with four or more units to be occupied pore for less than 30 days. unfortunate le what we have found in recent years there has been a problem that has persisted due to enforcement challenges and a loophole in the law. in recent years we have seen many corporations sidestep this law by signing long-term loiss with property owner ises that their non-san franciscan employees can use the apartment as short-term corporate housing or tourism residential housing. so for example, as an example, in my district, the tenants at the large golden gateway [kph-efpl/] have experienced corporate employees and guests that come in and out of their buildings just like a hotel. based on rent board record there's are an estimate of dozens of these units that are leased by corporate entities. this not only creates quality of life issues for neighbors
line. there are many bright lines in the law. now again not every law is susceptible to a bright line but by and large i think it does benefit the public when the laws are clear so that they can easily be followed. >> supervisor cohen: thank you. >> president chiu: supervisor kim. >> supervisor kim: you somewhat addressed this already when you said that it may be challenging for you to address the actual relationship to the office that was determined by the majority of the commission, but since you were sent to represent the commission i thought i would ask, so having read the transcripts several times actually the one question that was not answered to me is what exactly is the relationship to the office? i heard a couple of examples such as the sheriff runs our domestic violence programs and he committed an act of domestic violence. from your understanding of the majority of the commission is that the relationship, or was there another kind of clear delineation of what that relationship to the office was, for specifically counts 4 and 5? >> supervisor kim, i think that was the relati
their charges, a law enforcement official, or a public official could rob banks on their way to their inauguration, and there's nothing that anybody could do about it. well, there's a couple of points that i'd like to make about that. number one is the charter of san francisco, while an admirable document, is not perfect. in fact, there's no provision in the charter that permits anyone to remove the mayor for official misconduct. the only way a mayor can be removed is by recall, or defeat in the next election. so the mayor could commit a first degree murder, and not be removable, unless the voters decide to take matters into their own hand and remove him. the mayor has also made the argument that this removal provision,ka@u 15.105, is a valuable, speedy and effective tool. and they want you to do the work, that the voters might have to do if they were to decide to launch a recall election. well the voters have decided to launch a recall election, thateÑ issue would be decided next month. so their argument that this is procedure is not borne out byk5p the facts and the length
of sheriff includes not just the direct oversight of programs in thexs- those who have broken the law. this criminal" completely related to the official duties of the sheriff. and it isib how deputy sheriffs, who are not bpj4(p&c"p% allowed to commit crimes while they're off duty to keep their jobs are askedi?z1e to abide by one standard and not require the sheriff, their boss, to abide by that same standard. secondly as i think through the3]ez arguments of the sheriff's lawyers, they have been very good arguments it's hard for me to agree with the suggestion that somehow this is a personal act of misconduct but not official misconduct, that we are only responsible for what happens from 9:00 to 5:00 when we sit in our public office. as public officials, and<:q0z when we ran to be public officials, i think we knew that we are held to a different standard given our position.pí'0$@&c"p% it's also hard for me to agree that a public official somehow@/:uÑ immune with this conduct, just because it happened after election day but befc1a s
to suspend the sheriff was without basis in the law and why you must ultimately reinstate the sheriff. ross mirkarimi campaigned on the power of redemption. he's been a key proponent of restorative justice in this city. but there is no question that on december 31st, 2011, ross mirkarimi made a serious and terrible mistake. and how did he deal with that mistake? he immediately apologized to his wife. he entered into counseling. he apologized to the people of san francisco. he pled guilty to a criminal offense. all of that underscores the responsibility that rossq]j terrible mistake that he made on new year's eve last year. and as a result of that mistake, several months from his wife and son. he was suspended without pay, with no means to provide for hi family. his entire life's work was destroyed almost in an instant. he's beenwácf described by the r and the mayor's attorneys with the most inflammatory and prejudicial rhetoric, yet at the end of the day, the punishment does not fit theyxúw crime. this afternoon, i'm going to spend a fe7%g minutes telling u about why this case is differ
onzo0eñ the innuendo and comments that have been made. we decide this casee24ne based on the law that governance official misconduct, including. the charter provisions that control it, and based on theam1sidence presented. and if you look at the facts and aç the law, it is clear that there are two possiblel+lcm interpretations of what official misconduct and while i understand and respect the position that has been articulatedí
a proposed law that would reduce felony drug possession crimes to a misdemeanor. this is what 13 states have done. we not only bring these issues to the forefront, but have the opportunity to participate -- and we have cards that you could fill out and questions. this promises to be a year of reform and change like we have never seen, and we now see prisoner reentry programs being implemented. we're still spending too much money and resources and not enough on rehabilitation and reentry. this november, the voters will decide on limiting the three strikes law. issues and measures long overdue. it is clear there is much more that needs to be done. according to a study that was published this month -- since 1989, 2000 people have been wrongfully incarcerated and they served collectively, 10,000 years. an average of 11 years person. i would like to thank the people who made this summit possible. memoranda -- amy devon -- many volunteers and all of our speakers and panelists. i would like to thank the co- sponsors, and the bar association of san francisco. i would like to thank them for their hel
on together but he proactively came for this bill, s.b. 1506, to say that he's been law enforcement for 30 years and bring back 30-year experience to this consideration of this bill, and he said this bill makes sense because drug treatment works and this is in spite of the fact we'll be battling the district attorneys along with many other arms of public safety. [laughter] >> we've got the data, we've got the facts and we know this will provide great benefit to our communities, to our neighborhoods, and to all of california. thank you for your support. [applause] >> tal, i want to go back to the question that marty posed earlier, which is in effect this idea that in order to incentivize people making the decision to seek treatment that the fear of a felony conviction or possible state prison sentence could play a positive role. you talk to a lot of people charged with crimes who are trying to make the decision of what decision to make, what is the primary motivation you see coming from them. how do they decision make on dispositions related to drug possession as a felony? >> i think that f
the uc davis school of law in 2004, following a clerkship with judge cal braise of the united states court of appeals for the second circuit. interest include election law, administrative law, statutory interpretation, constitutional law and property and natural resources law. he is a resident of san francisco's mission district. we are honored to work chris almendorf. [ applause ] >> thank you very much and thank you to all of the candidates who are here today. we're very fortunate to be joined by six candidates and what i hope will soon be seven. all of the candidates have agreed to ask their supporters to be respectful of other candidates and the audience and to maintain quiet during the forum. i ask you to respect that commitment. every aspect of this forum will be equally fair to all participating candidates. as everyone here knows candidate debates are often limited to latitudinal appears and personal attack. our debate focuses on critical areas of policy disagreement among the leading candidates. so this end the league of women voters of san francisco and the san francisco pu
size would have the same spending obligations as laid out in the law, and he and i have had many conversations where he's made it clear where that was always his understanding, and late 2010, several workers and their advocates came to my office to explain that in their view, employers had found and were exploiting a loophole in the health and security ordinance, a small number of businesses of employers were voiding the majority of their spending requirement by allocating money to what is known as a health reimbursement account. often, using these accounts to severely restrict the types of services that the accounts could be used for often providing no notice of the existence of the accounts to their workers and then reclaiming the majority of money allocated to those accounts at the end of the year. we also discovered that many of these employers were profiting from the law by charging surcharges in the name of employee health care and then pocketing the majority of the money that was collected from consumers in san francisco. so, given that workers were not receiving the healt
look at all of the policy concerns, and the case law, it becomes clear that it makes no sense whatsoever to draw the line at the oath of office rather than at the election. it would be contrary to the voter's intent to enhance the ethical responsibilities of their public officials and hold them accountable to imply this two month free zone in between the election and taking the oath of office, where that elected official could do whatever he wanted with no consequences with his public position, until that moment when he walks up to the lectern and raises his hand. it also would lead to absurd results. an elected official could, for example, commit domestic violence on tuesday, and be safe from any official consequences. but if the oath of office is later that day, he couldn't do the same thing on wednesday. that's a completely arbitrary line. it makes no sense whatsoever. it's very different if you draw the line at the election. that makes perfect sense. once an official has been granted the voters trust, then he also has the ethical obligation to protect that trust by not com
duties as chief law enforcement officer in his role administering the city's domestic violence programs. the fact that the relationship test is interpreted by the ethics commission majority to include a subject matter relationship is really very sensible. what happens if you commit misconduct in the very terrain, the very subject matter that you're charged with as a government official is you implicate the public character of your office. if you're the tax collector, and you misrepresent your income on your income taxes, that's not purely private misconduct. that is a matter of public concern because it shows the public that it has a fox in the henhouse, essentially. that's very different, if, for example, you're an animal control officer and you misrepresent your income on your taxes. and think of it in reverse. what if you're an animal control officer. is there a relationship to the duties of your position if you're running a dog fight ring? in your private time? of course there is. no one wants michael vic in control of the animal control department. at the same time, if michael vic
Search Results 0 to 49 of about 489 (some duplicates have been removed)